Kya deLongchamps: Why we should never ignore planning permission 

There are some troubling assumptions and persistent misunderstandings when it comes to planning permission, both in its strict stipulations and the rigour of enforcement. There are cases (and I’m thinking here of a high-profile development of large sheds on the shore of Roscommon lakelands), where property owners are simply winging it. 

They passionately believe that by building to a good standard, they can wheedle the local council into granting retention permission. Even boat sheds can as stated by one Roscommon objector become “highly desirable second homes”. Things can get very messy.

People have a mistaken belief in what’s termed the seven-year rule. If you can throw the place up, stay out of sight and then apply for retention permission, after seven years, the local authority must and will give you full retrospective permission. This is matched only by people’s reverent belief in an extensive list of “exempted development”. 

This is a very short list of relatively minor build projects. Outline permission is not full planning permission. There’s a process to be followed. Keep it simple. Don’t assume anything or jump the gun.

If you construct, crane in, or heavily renovate a habitable building on your site, behind your house, in your yard, in a field — the financial and personal costs of dodging planning could be catastrophic. Planning remains a daunting and often mysterious process. Many people don’t trust it, and building, extending or renovating they put up what is (in bureaucratic terms) an illegal structure, or carry out unauthorised works or changes-of-use. This can in some instances lead to the awful circumstances outlined above.

There’s an urgent need for a nationwide multimedia information campaign by An Bord Pleanála directed at the general public. It needs to clearly and repeatedly explain legal obligations, and debunk woolly urban legends. It’s a shameful oversight by the Government in desperate times when tiny homes, modular builds, mobiles and log houses appear to present a positive opportunity to quickly get a roof over a person’s head.

Let’s start with log cabins and similar garden studio-type structures not attached to the house. In usual cases, if these buildings are within the curtilage of a property, cover less than 25 square meters of floor area (270 square feet), do not reduce the open space at the back of the house to less than 25 square metres and are not towering over your neighbours' structures you might be fine.  

However, the minute you are found to have been using these ancillary buildings for residential use, you’re outside most local planning development regulations.

The planning system as it stands is not focused on your background, your age, your personal circumstances, your health, your good intentions, your building skills or your taste. It’s a regulation on the construction or development of individual buildings (new or old), set in the context of the local authority’s local development plan. Wood houses and modular homes are allowed in Ireland, but this rides on all the usual parameters of zoning, the local character of existing builds, infrastructure, local needs and much more. All such residential buildings, extensions over 40 sq m and most major renovations require planning permission. There may be a genuine oversight, someone may be feigning ignorance or they may have decided to simply not comply. It’s a chilly situation.

If you’ve fallen foul of the system, once discovered or self-declared, you will be going into a planning application (retention/regularisation). You may be lucky with a quick decision, or you may be sent back to “Go” with a full planning application, halting any ongoing work. Some builders of standard housing types that meet the local development guidelines, have and do get away with proceeding without planning in place. 

They build, and then successfully apply for and are granted retention. Retention permission and compliance is more usually directed to extensions and renovation works, and 85% of cases are granted permission. Unauthorised development is a stressful, expensive way to handle a home build or extensive renovation.

If your neighbours’ student child or tenant is living in a new bijou cottage at the bottom of the garden, when the house comes up for sale, the place can be cleared out and declared a shed — therefore not tripping up conveyancing. 

Following your neighbour’s lead as tacit permission? Not a good idea. Don’t expect your shed/cabin/log house or steel studio supplier to get clearance for even guest accommodation. 

Ideally, approach the council for a pre-planning meeting or talk to a local engineer with a feel for what’s acceptable in your local authority area. Plenty of people find their neighbours are mischievous and resentful — ending with a complaint and a red-letter day that could lead to fines, court or in rare instances, demolition.

Fees for retention permission are three times the normal fees for applying for planning, and in addition, there are the usual costs for engaging an engineer and other professionals to make your case with extensive evidence including a site map, elevations, sections and photographs. 

Aside from planning permission, all new buildings, extensions, alterations and certain changes of use must comply with building regulations, which set out statutory design and construction requirements. Decisions for retention permission don’t follow the usual 12-week expectation for regular planning applications, so you may be in for a nail-biting wait. A declined application can be appealed.

As for the seven-year rule? There are two takes really. An application for retention permission is usually only accepted within seven years of completion of an unauthorised development. 

On the flipside, local authorities generally cannot serve an enforcement notice on you after seven years. There’s still a problem when you come to sale as the build, alterations or change-of-use are still unauthorised. If you’re considering buying a home with an unauthorised development, take the advice of a seasoned conveyancing solicitor.

Before you start any significant work, ensure you have all the detailed information about statutory planning demands. This guide by the Office of the Planning Regulator offers a good outline of what you need to know to be safely compliant and how to regularise most problems. opr.ie/wp-content/uploads/2023/06/Planning-Leaflet-3-A-Guide-to-Planning-Permission.pdf. It advises: “You may consult with the planning authority before lodging a planning application. It is often a good idea to do this, especially if you are unsure of local planning policies”. See opr.ie.